What are the consequences of counsel for the People yelling at a witness on the witness?
California, United States of America
The following excerpt is from People v. Osslo, 323 P.2d 397, 50 Cal.2d 75 (Cal. 1958):
An admonition to the jury to decide the case on the evidence produced is insufficient to cure the errors and misconduct which occurred in this case. A reading of the record shows that from the voir dire examination of prospective jurors, throughout the trial, and until its close, the prosecution was guilty of a deliberate attempt to harass, embarrass, and prejudice these defendants. The majority finds nothing wrong with the trial judge permitting counsel for the People to 'yell' at one of the defendants while on the stand. It is said that the record does not show that the 'yelling' intimidated the witness. The district attorney is a representative of the People and as such is not 'at liberty to strike foul' blows. Here, as in People v. Teixeira, 136 Cal.App.2d 136, 288 P.2d 535, 542, '* * * it is hard to believe that this experienced[50 Cal.2d 126] prosecutor' yelled at a witness 'in good faith and for any purpose other than to degrade' him.
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